Rule 120. Assignment of an Arbitrator

(a) Arbitrator. An arbitrator conducts an Alternative Resolution proceeding. (b) Assignment of an Arbitrator by Stipulation. If (1) all of the parties in a case agree on an arbitrator, (2) the agreed-upon arbitrator provides written consent, and (3) a copy of the stipulation that includes the arbitrator's consent is delivered to the court administrator, the court administrator will assign that person to serve as arbitrator. (c) Assignment of an Arbitrator in Other Circumstances. Unless the parties agree to an arbitrator under (b), the court administrator must assign the arbitrator from a list of eligible arbitrators. To be eligible for inclusion on the list, an arbitrator must be a resident of the county, and an active member of the State Bar of Arizona in good standing, for at least four years. The court administrator must randomly or by another method select and then assign one arbitrator from the list. Alternatively, the court administrator may select and assign an arbitrator as provided in (d). (d) List of Specialty Arbitrators. The court administrator, under the supervision of the presiding judge, may prepare a list of arbitrators with designated areas of specialization, concentration, or expertise. A court administrator who has prepared such a list should endeavor to select and assign to a case an arbitrator with experience in the subject matter of the action. If such an arbitrator is unavailable, the court administrator must select an arbitrator as provided in (c). (e) Time of Assignment. The court administrator must assign an arbitrator no later than 30 days after an answer is filed. (f) Notice of Assignment. The court administrator must promptly distribute a notice of the arbitrator's assignment to the parties and the arbitrator. The notice must advise the parties of the deadline specified in Civil Rule 38.1(d) for placing an action on the dismissal calendar. (g) Change of Arbitrator as of Right. Each side is entitled to one change of arbitrator as of right n answer is filed. (f) Notice of Assignment. The court administrator must promptly distribute a notice of the arbitrator's assignment to the parties and the arbitrator. The notice must advise the parties of the deadline specified in Civil Rule 38.1(d) for placing an action on the dismissal calendar. (g) Change of Arbitrator as of Right. Each side is entitled to one change of arbitrator as of right. Even if consolidated with another action, a case is treated as having only two sides. A party waives the right to change of arbitrator by not exercising the right within 10 days after the date on the notice of assignment. If a party appears in the case after the arbitrator's assignment, the party waives the right to a change of arbitrator by not exercising it within 10 days after that party's appearance. A motion for recusal or a challenge of the arbitrator for cause tolls the time to exercise a change of arbitrator as of right. (h) Disqualifying or Excusing an Arbitrator. (1) Disqualifying an Arbitrator. On written motion, the court may disqualify an assigned arbitrator from serving in a particular action. The motion must establish that the arbitrator has an ethical conflict of interest or that other good cause exists under A.R.S. § 12-409 or § 21-211. The motion must be submitted to and considered by the judge assigned to the action in accordance with the procedures provided in Civil Rule 42.2. (2) Excusing an Arbitrator from a Case. The presiding judge may excuse an arbitrator from serving in a particular case on the arbitrator's showing that the arbitrator has completed at least two cases during the current calendar year. If the court disqualifies an arbitrator under (h)(1) or excuses an arbitrator under (h)(2), the court administrator must assign a new arbitrator. (3) Excusing an Arbitrator from the Assignment List. On written motion showing good cause, the presiding judge may excuse a lawyer from the list of arbitrators described in Rule 120(c). (i) Clerk and Presiding Judge ases during the current calendar year. If the court disqualifies an arbitrator under (h)(1) or excuses an arbitrator under (h)(2), the court administrator must assign a new arbitrator. (3) Excusing an Arbitrator from the Assignment List. On written motion showing good cause, the presiding judge may excuse a lawyer from the list of arbitrators described in Rule 120(c). (i) Clerk and Presiding Judge. Whenever this rule refers to duties performed by a court administrator, those duties also may be performed by the court clerk, as provided by local rules, administrative orders, or policies. Whenever this rule refers to duties performed by a presiding judge, they also may be performed by the judge's designee.